Case Summary: 

 Title: Arundel Corporation v Khokher, 2003

Court of Appeal, 27th October 2003, [2003] EWCA Civ 1784

Although this particular case concerns a commercial lease, the legal principles apply to all agency work.   Solicitors had failed to tell their client, a Mr Khokher of a change of address of the landlord.  Mr Khokher them proceeded to serve a rent review notice at the old address.  The Court of Appeal held that the notice was incorrectly served as the notice was served at the wrong address, even though Mr Khokher had no knowledge of the new address.  The tenant's solicitor had knowledge of this move. His knowledge was the tenant's.  The court quoted the following:-

 "When any fact or circumstance, material to any transaction, business or matter in respect of which an agent is employed, comes to his knowledge in the course of such employment, and it is of such a nature that it is his duty to communicate it to his principal, the principal is deemed to have notice thereof as from the time when he would have received such notice if the agent had performed his duty, and taken such steps to communicate the fact or circumstance....." 

Bowstead on Agency, 14th Edition.   

Editor's Note.  This case is an important illustration of the scope of the agent's duties.  Where the agent represents a client, any material fact communicated to, or notice served on the agent will be deemed, in law, to have been communicated and served on the client whether or not the agent is diligent in performing his duties.

Case Citation:  Arundel Corporation v Khokher [2003] EWCA Civ 1784

LUJ REF: LUJ Apr04, p25  [prh case report on file]